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A tenant must return the rented property in its original condition and may not make any alterations without permission. If he does so anyway, he is in principle liable for the repair costs. However, a landlord who waits too long to complain forfeits his right to compensation. Therefore, complain quickly and in writing — preferably at the (pre-)delivery.
A tenant may not alter the rented property without the landlord's permission — even improvements are generally not allowed — and must return it in the same condition. If he fails to do so, he must compensate for the damage. However, the landlord must file a complaint in time, otherwise he will be left empty-handed.
The case: tens of thousands of euros in damages, but only complained after two years
In a ruling by the sub-district court (ECLI:NL:RBNHO:2021:2376), a tenant had affixed stickers to window frames, walls, and doors and had sun blinds installed without permission. Upon returning the property, he did not remove them. The property subsequently remained vacant for two years without the landlord complaining.
There were already difficulties: the landlord did not cooperate with the pre-delivery inspection, and another conflict was ongoing. It was not until February 2020 — two years later — that the landlord complained about the stickers and sun blinds. An expert estimated the removal costs at 28,500 euros, after which the landlord held the former tenant liable and initiated legal proceedings.
Why the landlord lost
The subdistrict court judge confirmed that the tenant should have removed the modifications — he could not prove permission — and was therefore liable in principle. However, the landlord had delayed far too long: he did not complain immediately, but only two years later when another conflict arose. According to the judge, he had thereby forfeited his right to compensation. The landlord received nothing and, moreover, had to pay the legal costs.
File a complaint quickly and in writing
This ruling underscores the importance of complaining in a timely manner. Complaints about modifications can be made at the pre-delivery inspection, or even earlier—then the tenant knows they must remove them. Always record a complaint in writing. This applies not only to tenancy, but also to disputing invoices, terms and conditions, or claims: be quick and do so in writing. And do not treat the (pre-)delivery inspection as a formality: cooperate and do not let matters run their course.
Frequently Asked Questions
Is a tenant allowed to make alterations without permission?
No, in principle not, not even improvements. The tenant must return the leased property in its original condition and is otherwise liable for the repair costs.
How soon must I, as a landlord, file a complaint about damage?
As soon as possible, preferably at the (pre-)delivery and in writing. Waiting too long may result in you forfeiting your right to compensation.
Do I lose my right to compensation if I file a complaint too late?
That is possible. In this case, the landlord forfeited his right by only complaining after two years. Complaining in a timely and demonstrable manner is therefore essential.
Assistance with renting and handover
A late complaint can cost you compensation. The legal experts at MKB Juristen advise you on tenancy, handover, and filing complaints in a timely manner, and draft lease agreements for office space . View our expertise in real estate law or schedule a free consultation .
